10/13/2003 - Regular - MinutesPort Orchard, Washington
Minutes of October 13, 2003
Council of the City of Port Orchard, Washington, called to regular session by Mayor
Weatherill at 7:30 p.m. at City Hall, 216 Prospect Street. Council members present:
Clauson, Wyatt, Morrison, Geiger, Powers, Rider and Cramer. Staff present: Police Chief
Townsend, City Engineer Curies, City Planner Wenman, Deputy Clerk Merlino, City Clerk
Etgen and City Attorney Jacoby.
Call to order
Police Chief Townsend led the audience and Council in the Pledge of Allegiance.
Audience Comments
Mayor Weatherill asked for audience comments for items not listed on this agenda.
Dennis Xavier Goss expressed a concern about what he feels is a lack of vision the City of
Port Orchard has for the children of the Port Orchard community.
Art Castle, representing the Home Builders Association of Kitsap County, introduced
Samatha Topey, the new Government Affairs person, who will be working closely with City
staff and elected officials. Ms. Topey gave a brief background on her experience and
readiness to work with all the cities in Kitsap County.
New Business
Presentation: Paul Chasco, AWC-Worker Compensation Retrospective Rating
Program
Mr. Chasco presented the AWC's Workers Compensation Retrospective Rating Program.
The program is available to all AWC's members. All participating cities will pool their Labor
and Industry claims together to help achieve a lower experience factor. All
correspondence will be generated through AWC, with the City having access to all claims
reports. The City of Port Orchard's fee is 6.5%, which equates to approximately $4,051
for the first year.
On motion by Councilman Clauson, seconded by Councilman Morrison, Council authorized
the Mayor to sign the application for participation in AWC's Labor and Industries Group
Retro Program.
Presentation: Mary McClure, KRCC-2003 & 2004 Broadband Study
Mary updated Council on the next step to the Broadband Network Study. Keyport has
offered to assist the County in developing this plan for a service fee. The total cost of the
Comprehensive County-Wide Collaboration Plan is approximately $30,000. Mary advised
a Steering Committee has been established to help with the monitoring of this project.
The City of Port Orchard's proportional cost will be $900.00 with the expenditure derived
from the 2003 budget.
October 13, 2003
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On motion by Councilman Clauson, seconded by Councilwoman Powers, Council
authorized the expenditure of $900.00 from the 2003 City budget for the Comprehensive
County-Wide Collaboration Plan. Motion passed with 6 ayes and 1 nay, with Councilman
Cramer casting the dissenting vote.
Discussion of poplar trees at Seattle Avenue and Kitsap Street
City Engineer Curies gave a brief staff report on a request received August 11, 2003 from
Bob Sapp, 931 Kitsap Street, requesting the removal of poplar trees located on City right-
of-way adjacent to Seattle Avenue and Kitsap Street. City Engineer Curies commented,
Mr. Kingsbery, a retired employee from the Department of Natural Resources, had advised
the trees could be potentially dangerous during inclement weather. The Street Committee
reviewed the situation and based on Mr. Kingsbery's advice, the Street Committee
recommended removing the poplar trees. On October 3, 2003 the City received a
request from Gil and Kathy Michael, 228 Seattle Avenue, to halt the removal of the poplar
trees on Seattle Avenue and Kitsap Street.
City Attorney Jacoby advised that the City passed Resolution 1892 in April2000, which
establishes a policy for cutting trees and vegetation in the City's right of way. City
Attorney Jacoby presented three alternatives for the Council to consider:
(1) If the City deems a City tree or vegetation dangerous, it will have
the tree cut or trimmed at City expense.
(2) If the City tree or vegetation is not dangerous and a person
wants it trimmed or removed, the cost of that effort would be
paid for by the person making the request.
(3) Trees or vegetation will not be cut without City approval. The
City is not required to approve a request to trim or cut
vegetation. Each request shall be considered on it own
merits.
Kathy Michael, 228 Seattle Avenue, asked that no action be taken at this time and
requested the City hire an arborist to determine if the trees have any potential danger to
the surrounding properties. Mrs. Michael also requested copies of the arborist's report be
provided to all parties concerned.
Councilman Geiger moved to hire an arborist to inspect the poplar street trees, located on
City right of way, adjacent to Seattle Avenue and Kitsap Street and determine if the trees
have any potential danger, seconded by Councilman Morrison.
Councilman Clauson amended motion, requesting the fees associated with hiring an
arborist be presented to the Finance Committee for their review and if the Finance
Committee determines the fees are appropriate, the Finance Committee has the authority
to order the work, seconded by Councilman Morrison. Motion passed with 6 ayes and 1
nay, with Councilman Cramer casting the dissenting vote.
October 13, 2003
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Council unanimously approved the original motion, as amended, to obtain estimates for
hiring an arborist to inspect the poplar trees located on City right of way adjacent to
Seattle Avenue and Kitsap Street to determine if the trees create any potential danger,
and that the estimate be presented to the Finance Committee for their review and if the
Finance Committee determines the fees are appropriate, that the work be ordered.
Approval of Agreement with Kitsap Humane Society for 2004 Animal Control
Services Agreement
On motion by Councilman Geiger, seconded by Councilman Clauson, Council authorized
the Mayor to sign the 2004 Animal Control Services Agreement with Kitsap Humane
Society.
Ordinance No. 1915 Regarding Removal and Redemption of Impound Vehicles
On motion by Councilman Geiger, seconded by Councilman Morrison, Council approved
Ordinance No. 1915 amending Chapter 10.72 of the Municipal Code regarding the removal
and redemption of impounded vehicles in compliance with revised chapter 46.55 RCW.
Ordinance No. 1916 Permitting Medical/Dental Clinics in the R20 Zone
On motion by Councilman Rider, seconded by Councilwoman Powers, Council approved
Ordinance No. 1916 amending Port Orchard Zoning Ordinance No. 1748 to permit
office/patient clinics as an allowed use in the R-20 zone of the City of Port Orchard.
Ordinance No. 1917 Regarding Significant Trees
On motion by Councilman Rider, seconded by Councilwoman Powers, Council approved
Ordinance No. 1917 amending the City of Port Orchard Zoning Ordinance regarding
retention of significant trees.
At 8:50 pm Mayor Weatherill called for a 10-minute recess, with meeting reconvening at
9:10pm.
OLD BUSINESS
Resolution No. 2045 Regarding Exceptions to the Parking and Storage of Boats
and RV's in City Right of Way
Councilman Morrison, Street Committee Chair, clarified the intent of Resolution No. 2045,
which establishes the criteria for allowing boats and recreational vehicles on public right of
way. Councilman Morrison advised Ordinance No. 1899 regulates the parking of boats
and RV's and proposed Resolution No. 2045 would allow exemptions to Ordinance No.
1899 that are not injurious or detrimental to the public health, or extraordinary
circumstances.
Marvin Rowan, 132 Rockwell Avenue, asked when the proposed Resolution would become
effective and expressed a concern with the enforcement commencing before a resident
had an opportunity to apply for the exemption.
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Page 4 of 7
James Garcia, 416 Harrison Avenue, asked when the exemption applications would be
available.
Tim Anderson, 902 Cline Avenue, expressed a concern with the draft Resolution,
specifically to the requirement that roadways are to be at least 28 feet wide.
Rita Dilenno, 1003 Hull Avenue, requested the deletion of section 2(d) "The neighborhood
shall support the proposal to park a boat, boat trailer or recreational vehicle in the right of
way." Mrs. Dilenno also suggested, when the City sends warning letters to residents, the
letter should indicate that an Exemption Application is available.
Councilman Morrison moved to adopt Resolution No. 2045 establishing the criteria for
allowing boats and recreational vehicles parking on public right of way, seconded by
Councilman Wyatt.
Councilman Cramer moved to table adoption of Resolution No. 2045 for further review by
the Street Committee, seconded by Councilwoman Powers. Motion failed with 3 ayes and
4 nays. Councilmember's Cramer, Powers and Rider casting the assenting votes, while
Councilmember's Geiger, Wyatt, Morrison and Clauson casting the dissenting votes.
City Attorney Jacoby clarified, for the audience and Council, if a resident submits an
Exemption Application, the resident will be exempt from enforcement while the application
is being review by the Street Committee and until a final recommendation is presented to
the City Council.
Councilman Clauson amended the motion, by deleting section 2(b) "The permitted boat or
recreational vehicle should not be allowed to be stored. in the right of way if the pavement
is 28 feet or less in width," seconded by Councilman Cramer. Motion passed with 6 ayes
and 1 nay, with Councilman Morrison casting the dissenting vote.
Councilman Clauson further amended motion, by changing the wording in Section 2( d) as
follows: "The neighborhood sRaH-should support the proposal to park a boat, boat trailer
or recreational vehicle in the right of way." Motion died for a lack of second.
Councilman Cramer, seconded by Councilman Rider, amended motion, by striking Section
2( d) "The neighborhood shall support the proposal to park a boat, boat trailer or
recreational vehicle in the right of way." Motion failed with 2 ayes and 5 nays.
Councilmember's Cramer and Rider casting the assenting votes and Councilmember's
Clauson, Wyatt, Morrison, Geiger, and Powers casting the dissenting vote.
Councilman Clauson, seconded by Councilwoman Powers, amended motion, by deleting
Section 2(g) "The boat, boat trailer or recreational vehicle should be parked within 25 feet
of the owner's residential property line." Motion passed 5 ayes and 2 nays.
October 13, 2003
Page 5 of 7
Councilmember's Clauson, Morrison, Wyatt, Powers, and Geiger casting the assenting
votes. Councilmember's Cramer and Rider casting the dissenting votes.
Councilman Clauson, seconded by Councilman Cramer, amended motion, by changing the
wording in Section 2(d) to read as follows: "Whether the neighborhood sRiill-supports
the proposal to park a boat, boat trailer or recreational vehicle in the right of way."
Motion passed with 7 ayes.
Council unanimously adopted Resolution No. 2045 establishing the criteria for allowing
boat, boat trailer and recreational vehicle parking on public right or way with the following
amendments:
• Striking section 2(b) "The permitted boat or recreational vehicle should not be
allowed to be stored in the right of way if the pavement is 28 feet or less in
width."
• Striking Section 2(g) "The boat, boat trailer or recreational vehicle should be
parked within 25 feet of the owner's residential property line."
• Changing the wording in Section 2( d) "Whether the neighborhood sftaH-supports
the proposal to park a boat, boat trailer or recreational vehicle in the right of way."
Revisions to Ordinance No. 1427 Regarding Residential Parking Permit
Don Morrison, Street Committee chair, asked staff to remove this item from Old Business.
Consent Agenda
On motion by Councilman Clauson, seconded by Councilman Morrison, Council removed
item 5C from the Consent Agenda and approved the following consent agenda items:
A. Minutes of the September 22, 2003 City Council Meeting
B. Approval of Claim Warrants #39900-40037 in the Amount of $291,771.07 and
September Payroll Warrants #137712-137697 and Direct Deposits in the Amount
of $301,045.81
D Resolution No. 2044 Regarding City Clerk's Change Fund Dissolution
E. Resolution No. 2046 Regarding Reclassification of Two City Employee Positions
Approval of Reclassification of Carol Etgen from Interim City Clerk to City
Clerk/ Assistant to the Mayor, Effective October 1, 2003
On motion by Councilman Clauson, seconded by Councilwoman Powers, Council
approved the Reclassification of Carol Etgen from Interim City Clerk to full-time City
Clerk/Assistant to the Mayor, effective October 1, 2003. Mayor and Council welcomed
and congratulated City Clerk/Assistant to the Mayor, Carol Etgen to the City of Port
Orchard.
REPORTS
Councilman Clauson, Sewer Advisory Committee, updated Council on RH2's sewer
treatment plan design, indicating the design is 55% complete and should be done by the
October 13, 2003
Page 6 of 7
end of January 2004. Councilman Clauson advised RH2 has been authorized to
negotiate a change order with Zenon. The change order would add flow meters to each
cartridge for better process control.
On motion by Councilman Clauson, seconded by Councilman Geiger, Council authorized
the Mayor to sign Change Order No. 1 with Zenon for an additional contract cost of
$49,395.00 plus tax.
Councilman Clauson reported the Sewer Advisory Committee and RH2 recommend the
Sewer Treatment Plan Expansion Project be separated into two contracts. The first
contract would be the excavation of 24,000 cubic yards of soil and the construction of
the 15,000 square foot soldier pile retaining wall. The second contract would be the
remainder of the construction project.
On motion by Councilman Clauson, seconded by Councilman Geiger, Council authorized
the Sewer Treatment Plant Expansion Project be separated into two contracts as
recommended by the Sewer Advisory Committee and RH2 as follows:
(1) Excavation of 24,000 cubic yards of soil and the construction of the 15,000
square foot soldier pile retaining wall.
(2) Remainder of the construction project.
On motion by Councilman Clauson, seconded by Councilman Geiger, Council adopted
the 2004 Sewer Treatment Plant Budget.
Councilman Clauson set Wednesday, October 22, 2003, 6:30 pm, at City Hall (first floor
corridor) as the next Chimes and Lights Committee meeting.
Police Chief Townsend presented clarification concerning the expenditure of the new
police firing range. The City of Port Orchard is currently looking at funding the police
firing range with a grant through the Homeland Security Funding Program. The
proposed operational costs would be derived from user fees. The facility would be
available to all regional jurisdictions, as well as open to the public, and would be
operated on a user fee schedule. In conclusion, Police Chief Townsend advised, the
current plans for the facility are only in the planning stages.
On motion by Councilman Clauson, seconded by Councilman Geiger, Council authorized
RH2 to prepare the plans and specifications to separate the excavation work from the
Sewer Treatment Plant Expansion Project.
The City Engineer discussed the exterior painting of the Library building. The painting
contractor was directed to paint the interior four doors and frames, which had not been
specified in the contract.
October 13, 2003
Page 7 of 7
On motion by Councilman Clauson, seconded by Councilman Wyatt, Council authorized
Change Order No. 1, with Sablehaus West, in the amount of $240.00, for an increase in
contract price from $10,256.68 to $10,496.68.
On motion by Councilman Clauson, seconded by Councilman Rider, Council authorized
the expenditure of $17,000 for the repair of storm culverts in the 2200 block of Bethel
Avenue.
On motion by Councilman Clauson, seconded by Councilman Wyatt, Council authorized
the City to contract with Interlocking Software Corporation, in the amount of $6,000,
which is the computerized permitting system currently being utilized by Kitsap County.
At 10:40 PM Mayor Weatherill adjourned the City Council meeting. LCM~lliL ~~
Michelle Merlino, Deputy City Clerk LESLIE J. WEATHERILL, MAYOR